Page images

members of any tribe, and shall consist of convenient and contigu- Representa

tive dist's. ous territory. But no township or city shall be divided in the formation of a Representative district. When any township or city shall contain a population which entitles it to more than one Representative, then such township or city shall elect by general ticket the number of Representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate Representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one Representative, the board of supervisors shall assemble at such time and place as the Legislature shall prescribe, and divide the same into Representative districts, equal to the number of Representatives to which such county is entitled by law, and shall cause to be filed in the offices of the Secretary of State and clerk of such county a description of such Representative districts, specifying the number of each district, and the population thereof, according to the last preceding enumeration.

$ 4. The Legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fifty-four, and Lion of in every ten years thereafter, and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the Legislature shall re-arrange the Senate districts and apportion anew tle Representatives among the counties and districts, according to the number of white Apportion inhabitants and civilized persons of Indian descent, not members of Representaany tribe. Each apportionment and the division into Representative districts, by any board of supervisors, shall remain unaltered until the return of another enumeration.

$ 5. Senators and Representatives shall be citizens of the United States, and qualified electors in the respective counties and dis Representatricts which they represent. A removal from their respective coun

citizens. ties or districts shall be deemed a vacation of their office.

S No person holding any office under the United States for this certain offiState, or any county office, except notaries public, officers of the ble to a seat

in the legis militia and officers elected by townships, shall be eligible to or have a lature. seat in either house of the Legislature; and all votes given for any shch person shall be void.


Senators &

tives to be


cach house toconstitute a quorum.

Powers of

pulsion of meinbers.

Privilege of $ 7. Senators and Representatives shall, in all cases, except trea. Representa, son, felony or breach of the peace, be privileged from arrest. They

shall not be subject to any civil process during the session of the Legislature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned

in any other place for any speech in either house. Majority of

$ 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe.

$ 9. Each house shall choose its own officers, determine the rules

of its proceedings, and judge of the qualifications, elections and each house. returns of its members; and may, with the concurrence of two

thirds of all the members elected, expel a member. No me mber Rules-er- shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his elcction.

The reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.

$ 10. Each house shall keep a journal of its proceedings, and pubEach house lish the same, except such parts as may require secrecy. The yeas 10 keep jour.

and nays of the members of either house, on any question, shall be entered on the journal at the request of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal.

§ 11. In all elections by either house or in joint convention the

votes shall be given viva voce. All votes on nominations to the Senate Yeas& nays shall be taken by yeas and nays, and published with the journal of

its proceedings.

§ 12. The doors of each house shall be open, unless the public Doors to be welfare require secrecy. Neither house shall, without the consent

of the other, adjourn for more than three days, nor to any other place than where the Legislature may then be in session.

$ 13. Bills may originate in either house of the Legislature.

§ 14. Every bill and concurrent resolution, except of adjournment, passed by the Legislature, shall be presented to the Gover


Elections viva voce.



nor before it becomes a law. If he approve, he shall sign it; but if Bills and renot, he shall return it with his objections to the house in which it be presented

to governor. originated, which shall enter the objections at large upon their journal, and reconsider it. On such reconsideration, if two-thirds of the members elected agree to pass the bill, it shall be sent with the ob- i jections to the other house, by which it shall be reconsidered. If approved by two-thirds of the members elected to that house, it shall become a law. In such case the vote of both houses shall be determined by yeas and nays; and the names of the members voting for and against the bill shall be entered on the journals of each house respectively. If any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law, in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return; in which case it shall not become a law. The Governor may approve, sign and file in the office of the Secretary of State, within five days after the adjournment of the Legislature, any act passed during the last five days of the session; and the same shall become a law.

$ 15. The compensation of the members of the Legislature shall compensabe three dollars a day for actual attendance and when absent on ac- bers. count of sickness, for the first sixty days of the session of the year one thousand eight hundred and fifty-one, and for the first forty days of every subsequent session, and nothing thereafter. When convened in extra session their compensation shall be three dollars a day for the first twenty days, and nothing thereafter; and they shall le- Mileage. gislate on no other subjects than those expressly stated in the Gov. ernor's proclamation, or submitted to them by special message. They shall be entitled to ten cents and no more for every mile actually traveled, going to and returning from the place of meeting, on the usually traveled route; and for stationery and newspapers not exceeding five dollars for each member during any session. Each member shall be entitled to one copy of the laws, journals and documents of the Legislature of which he was a member; but shall not receive, at the expense of the State, books, newspapers, or other perquisites of office, not expressly authorized by this constitution. $ 16. The Legislature may provide by law for the payment of

tion of mem.


won of Prep.

No member to receive civilap

nor be inter ested in contract with

postage on all mailable matter received by its members and officers during the sessions of the Legislature, but not on any sent or mailed

by them. Compensa- $ 17. The President of the Senate and the Speaker of the House ident of sen. of Representatives shall be entitled to the same per diem

compensaker of House tion and mileage as members of the Legislature, and no more.

§ 18. No person elected a member of the Legislature shall receive

any civil appointment within this State, or to the Senate of the Unipointment ted States, from the Governor, the Governor and Senate, from the

Legislature, or any other State authority, during the term for which the State. he is elected. All such appointments and all votes given for any

person so elected for any such office or appointment, shall be void. No member of the Legislature shall be interested, directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the time for which he is elected, nor for one year

thereafter. 8 19. Every bill and joint resolution shall be read three times in Bills and resoluttons to each house, before the final passage thereof. No bill or joint reso

lution shall become a law without the concurrence of a majority of Ayes and

all the members elected to each house. On the final passage of all bills the vote shall be by yeas and nays, and entered on the journal.

§ 20. No law shall embrace more than one object, which shall be embrace but expressed in its title. No public act shall take effect or be in force

until the expiration of ninety days from the end of the session at When acts which the same is passed, unless the Legislature shall otherwise di

rect, by a two-thirds vote of the members elected to each house. Legislature $ 21. The Legislature shall not grant nor authorize extra comextra com. pensation to any public officer, agent or contractor, after the service etficers, &c. has been rendered or the contract entered into.

§ 22. The Legislature shall provide by law that the furnishing Fuel, stationery, print: of fuel and stationery for the use of the State, the printing and bind

ing the laws and journals, all blanks, paper and printing for the executive departments, and all other printing ordered by the Legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The Legislature shall prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor;


noes on final passage.

No law to


not to grant

& be let by contract.

[ocr errors]


state prison;



and shall prohibit all charges for constructive labor. They shall not rescind nor alter such contract, nor release the person or persons ta. king the same, or his or their sureties, from the performance of any of the conditions of the contract. No member of the Legislature nor officer of the State, shall be interested directly or indirectly in any such contract.

8 23. The Legislature shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any per-whorize sabe son; nor vacate nor alter any road laid out by commissioners of ancenrey. highways, or any street in any city or village, or in any recorded vacate any town plat.

$24. The Legislature may authorize the employment of a chap-Chaplain fo: lain for the State prison; but no money shall be appropriated for the not for legispayment of any religious services in either house of the Legislature.

$ 25. No law shall be revised, altered or amended by reference to acts altered its title only; but the act revised, and the section or sections of the to be re-en. act altered or amended, shall be re-enacted and published at length. Pength

published at

. $26. Divorces shall not be granted by the Legislature.

$ 27. The Legislature shall not authorize any lottery, nor permit Lotteries. the sale of lottery tickets.

§ 28. No new bill shall be introduced into either house during the Morbill to be last three days of the session, without the unanimous consent of the during last house in which it originates.

$ 29. In case of a contested election, the person only shall re- Contested ceive from the State per diem compensation and mileage, who is declared to be entitled to a seat by the house in which the contest takes place.

$ 30. No collector, holder, nor disburser of public moneys, shall have a seat in the Legislature, or be eligible to any office of trust or of public profit under this State, until he shall bave accounted for and paid igible w of over, as provided by law, all sums for which he may be liable.

8 31. The Legislature shall not audit nor allow any private claim or account $ 32. The Legislature, on the day of final adjournment, shall ad- Hour of ad.

jourment. journ at twelve o'clock at noon. $33. The Legislature shall meet at the seat of governmeet on

Meeting of the first Wednesday in February next, and on the first Wednesday


of session.


Collectors and holders


Private claims.

« PreviousContinue »